Uttarakhand High Court
Unknown vs State Of Uttarakhand And Others on 26 February, 2026
Author: Pankaj Purohit
Bench: Pankaj Purohit
2026:UHC:1353
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Misc. Single No.136 of 2026
26th February, 2026
Ram Prasad ..........Petitioner
Versus
State of Uttarakhand and others .......Respondents
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Presence:-
Mr. Tarun Prakash Singh Takuli, Advocate for the petitioner.
Mr. Ganesh Kandpal, D.A.G. for the State.
Mr. K.K. Harbola, Advocate for respondent nos.3 and 4.
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Hon'ble Pankaj Purohit, J.
This writ petition has been filed under Article 226 of the Constitution of India, whereby the petitioner has sought the following reliefs:-
"i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order no. 1574/Sarfacie Act-
A.D.M.Prasha./Najool-2025- Patrawali San.1973 dated 30-12- 2025 passed by the respondent no. 2, by which the respondent no. 2 has initiated the proceeding under section 14 of the Act and directed that the mortgaged property mentioned as i.e. Khata no. 00110, Khet no. 393 A MIN, Gram Dopaharia, Kichha, Udham Singh Nagar, Uttarakhand, India, 263148 Plot Area 2025 Sqft. be taken into possession after applying necessary force and be handed over to the prescribed authority, M/S Hinduja Housing Finance LTD, Aswani Complex, Near Golden Furniture, Bareilly Road, Haldwani, District Nainital, 263139 within 01 month. (Annexure no. 1 to this petition).
ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to permit the petitioner to repay the entire loan amount in easy installments preferably within a period of two years from today else the petitioner shall suffer irreparable loss and injury and the same cannot be compensated by any means."
2. Facts of the case in brief are that the petitioner was issued a Housing Loan by the respondent-Bank in the year 2021 amounting to ₹13,00,000/-. The petitioner continued paying installments up to year 2022, but unfortunately in the year 2024 he met with an accident 1 2026:UHC:1353 and was placed under I.C.U. in Government Hospital, Rudrapur. Due to his health condition he could not make the payment of the installments due, in-time, which resulted into initiation of proceedings under provisions of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 (hereinafter referred to as "Act of 2002"). Even notice under Section 14 of Act of 2002 was issued and the Secured Creditor was directed to take possession of the secured assets i.e., Residential House of the petitioner.
3. It is feeling aggrieved by the said order, the petitioner is before this Court.
4. Today learned counsel for the respondent- Bank is present here along with Mr. Ravi Dixit, Area Legal Manager who made a statement at bar addressing this Court that if the petitioner is ready to pay his overdue amount-₹2,68,850/- plus actual legal expenses to the respondent-Bank within a period of 15 days from today, the Bank would revive the loan and allow the petitioner to repay the monthly installments of the loan as originally issued and fixed against him.
5. In view of the statement made by Area Legal Manager, the writ petition stands disposed of and it is provided that the petitioner shall deposit the overdue amount-₹2,68,850/- along with actual legal expenses incurred by the respondent-Bank within a period of 15 days from today. If said overdue amount is paid within 15 days, the respondent-Bank shall revive the loan as stated in para no.4 of this order. Till then the status quo is directed to be maintained in respect of "secured assets"
22026:UHC:1353 i.e., residential house of the petitioner.
6. If any default is made by the petitioner in depositing the aforesaid amount, the respondent-Bank would be at liberty proceed in accordance with law.
(Pankaj Purohit, J.) 26.02.2026 SK 3